3rd Principal Project EAR/CAR

Evaluation of Risk


Contractor’s All Risks (CAR) relates to civil and structural work (building, roadwork). For example, buildings, roads, railway lines, airports, tunnels, bridges, towers, irrigation systems, sewer lines etc. There are 3 parties dealing with the same project with one common
objective; to make a profit, but with different interests:

i. The principal: obtaining quality + lowest cost
ii. The contractor: minimising cost + shortest time
iii. The insurer: maintaining safety

B. Characteristics of CAR Projects
i. Civil engineering projects constructed on site
ii. Materials mostly concrete, stone and sand
iii. Low concentration of value

D. Scope of Cover
Contractors’ All Risk insurance provides an “All risk” cover – subject to some specified
i. Fire, Lightning, Explosion
ii. Act of God; Flood, Windstorm, Earthquake
iii. Theft, Burglary
iv. Lack of Skill, Negligence Insurance may be 
    purchased by the principal or contractors including 
    subcontractors engaged in a project.

E. Interests Insured
Interests that can be insured under a CAR policy:
i. Material damage to the project work under 
ii. Damage and loss to contractor’s plant, machinery 
    and equipment (separate Sum Insured)
iii. Damage to Principal’s existing property (separate 
    Sum Insured)
iv. Damage to Third party property and/or bodily injury 
    arising in connection with the contract work 
    (separate Sum Insured)

F. Period of Cover
    This refers to duration of the contract work including 
    maintenance period as stipulated in the Letter of 

Policy coverage
i. STARTS immediately after the unloading of the 
    contract materials on the project site
ii. ENDS when construction work have been completed 
    and handed over to the principal

G. Maintenance Period
i. Policy can be extended to cover during maintenance 
    period (i.e. after the work have been handed over to 
    the principal)
ii. Coverage is limited to loss or damage to the 
    completed work arising from rectification
    work carried out by the contractor, in accordance 
    with the contract conditions
iii. Does not cover Third Party Liability

H. Minimum Information Required for a Quotation
i. Name of Principal/Contractor
ii. Loss history of the contractor
iii. Project site / location layout plan
iv. Project title
v. Total Contract Sum
vi. Breakdown Values of Contract Sum
vii. Period of insurance/Maintenance Period
viii. Scope of work
ix. Limit of Third Party Liability
x. Details of third party liability within contract vicinity
xi. Letter of Award
xii. List of construction plant & machinery – applicable 
    if contractor’s plant & machinery are required to be 
xiii. Soil Report/type of retaining wall (if Basement 

I. Rating
The rating below is a general guideline, subject to the nature, terms and conditions of the
contract and the MRPC tool with Third Party Liability Limit of RM1million AOA/Unlimited AOP.

J. Territorial Limit
Malaysia and incidental Malaysian interest within ASEAN countries.

K. Extension of Cover
Policy can be extended to cover the following:-
i. Cover for Loss of or Damage due to Strike, Riot, Civil 
    Commotion (SRCC)
ii. Cover for Cross Liability
iii. Visits/Extended Maintenance Cover
iv. Cover for Extra Charges for Overtime, Night Work, 
    Work on Public Holidays and Express Freight
v. Cover of Extra Charges for Airfreight
vi. Property in Off-Site Storage
vii. Cover for Testing of Machinery and Installations
viii. Inland Transit
ix. Cover for Designer’s Risk (Resultant Damage only)
x. Cover for Insured Contract Works Taken Over Or Put 
    Into Service
xi. Principal’s Existing Property or Property Belonging 
    to or Held In Care, Custody or Control by the Insured 
xii. Vibration, Removal or Weakening of Support
xiii. Removal of Debris
xiv. Professional Fees
xv. Consultants as Third Party

L. Minimum Premium
RM 250.00
(Before RM10.00 stamp duty)

M. Refer/Decline Risk
Refer Risks
i. Abandoned projects
ii. Demolition & Blasting works
iii. Drainage works

Decline Risks
i. Advanced loss of profit
ii. Asbestos related risks
iii. Offshore risks
iv. Oil & gas
v. Penalty clauses (i.e. faulty or belated delivery of the 
    insured objects) and guarantees of performance or 
vi. Radioactive Exclusion
vii. Space and space related risks
viii. Transmission and distribution lines
ix. Tunnels and Bridge Construction longer than 50 
x. Underground and mining, works and galleries
xi. Wet risks
xii. “Difference in Condition”—Policies
xiii. Full Design Cover
xiv. Insurances and reinsurances on first loss, loss limit 
    and / or excess of loss basis, including primary and 
    layer covers
xv. Manuscript Wordings
xvi. Pollution/Contamination
xvii. Risk exceeding 60 months including maintenance 
xviii. Terrorism
xix. Nuclear energy plants
xx. Water fabrication plants
xxi. Petrochemical plants
xxii. Policies covering deductibles

If you have any enquiries, please contact us at:
Kurnia Insurans (Malaysia) Berhad
No. 9, Jalan PJS 8/9,46150 Petaling Jaya
Toll Free: Skype:simpoon
                  Viber & Tango VOIP 016 2348808
Tel/Fax : 03-7772 3698


All employers are obligated to insure their employees (who are defined as “workmen” in the Workmen’s Compensation Ordinance) under a Workmen’s Compensation Insurance Policy, unless such employees are contributing to the Social Security Organisation (SOCSO) as provided for under the Employees Social Security Act 1969.

Definition of “Workmen”
Any person who has entered into or work under a contract of service or of apprenticeship with an employer whether by way of manual or otherwise, whether the contract is expressed or implied or oral or in writing; whether the remuneration is calculated by time or by work done and whether by day, week, month or any longer period.

B. Scope of Cover
The policy indemnifies the Insured against all sums for which the Insured shall be liable to pay compensation to any employee for personal injury sustained by accident or disease arising out of and in the course of his employment, either under The Law(s) as set out in the
schedule of the policy:
• “Workmen’s Compensation Ordinance 1952 (Federation of Malaya)”
• “Workmen’s Compensation (Amendment) Ordinance 
    1956 (Federation of Malaya)”
• “The Workmen’s Compensation (Amendment) Act 
• “Modification of Laws (Workmen’s Compensation) 
    (Extension and Modification) Order,1981”
• “The Workmen’s Compensation (Amendment) 1996”
    OR Common Law

C. Minimum Information Required for a Quotation
i. Name of Insured
ii. Estimated number of employees
iii. Estimated wages/salary insured
iv. Nature of occupation of employees
v. Location of work site
vi. Past claims/loss experience

D. Rating
The rating below is a general guideline (subject to change from underwriting experience):
Type of Risk
Project                Non Project         Rate % 
                                                      on Annual Wages/ 
                                                      Contract Value
0.15% - 0.30%      1.00% - 2.50%

i. The premium chargeable depends on the nature of 
    occupation of the employees insured.
ii. A provisional premium is charged at the outset based 
    on the estimated total annual wages, salaries and 
    other earnings of the employees. It is important to 
    ensure that the estimated earnings declared are 
    adequate and there are no under insurance.
iii. Adjustment of the provisional premium will be made on the     actual total earnings paid to the employees during the           currency of the policy, which are to be declared to the             company within one month of expiry of the policy.

E. Service Tax
Workmen’s Compensation Policy issued in the name of a sole proprietor is subject to Service Tax as a sole proprietor is considered as a business organization.

F. Minimum Premium
(Before RM 10.00 stamp duty)

G. Refer/Decline Risk
Refer Risks
i. Cleaning / painting works on outer buildings exceeding 
   30 ft. in height
ii. Divers
iii. Timber loggers
iv. Acid and gas works
v. Service and maintenance work on board vessels

Decline Risks
i. Aircraft crews
ii. Asbestos related risks
iii. All claims and losses resulting from work carried out 
    to produce latex based products
iv. Construction and maintenance of dams
v. Contractors engaged exclusively in wrecking and 
vi. Fire brigades
vii. Manufacture and/or production, storage, filing, 
    breaking down transport of:
a. fireworks, fuse(s), cartridges, ammunition, powder, 
    nitroglycerine or any explosives
b. gases and/or air under pressure in containers
c. Butane, Methane, Propane, and other liquefied gases
d. toxic substances and toxic waste(It is understood and
    agreed, however, that the storage 
    and transport of any of the substances above 
    mentioned which is merely incidental to the operations
    and/or trade of the company’s insured not otherwise 
    excluded, is hereby covered)
viii. Offshore rigs
ix. Petroleum and gas exploration, production, drilling, 
    producing, refining and distributing (other than general 
    distributors and petrol stations). This exclusion also 
    applied to general maintenance / repairs carried out
    by general contractors and incidental con tracts
    directlyrelated to (Petroleum and gas explosion)
x. Quarries, if explosives are used, unless merely 
    incidental to the operations and/or trade of the 
    company’s insured not otherwise excluded.
xi. Service in any kind of armed forces (military, police,
    security services)
xii. Shipbuilding, ship repairing and shipbreaking
xiii. Ships crews
xiv. Subaqueous/Underwater works and laying of marine 
xv. The construction, maintenance and demolition of 
    towers, steeples, bridges longer than 30 metres and 
    chimney shaft unless merely incidental to the 
    operations and / or trade of the company’s insured
    not otherwise excluded
xvi. Tunnelling exceeding 100 metres in length
xvii. Underground and underwater mines and all 
    underground services in connection therewith

Subpage Listing

Part I. Introduction 

Bond business is normally secured together with other project insurances, such as Contractor’s All Risks (CAR), Erection All Risks (EAR), Public Liability (PL) and Workmen’s Compensation (WC) insurance. Hence, the period of the bond is in tandem with the contract works including the maintenance period.

A bond is a Guarantee by the Surety (Insurer) to accept responsibility for the performance of a contractual obligation entered into by the person primarily liable under the contract (contractor), to the Principal, in the event of that person’s (contractor’s) default.

Part II. Scope of Cover and Benefits 

1. Bid and Tender Bond                                                      This is a guarantee required by the Principal when a tender is submitted for a project. It guarantees the Principal against the failure of the contractor to perform in accordance with Tender conditions for the contract work including the execution of an agreement for the contract work and furnishing of a related performance guarantee within reasonable time.

2. Performance Bond (relating to specific performance of contractors in contract work)                                                The Surety (Insurer) guarantees that the contractor will faithfully execute the terms and conditions of the written contract. The amount of the bond will be claimed by the Principal when the contractor fails to perform according to the terms of the contract i.e. complete contract works on time and in accordance with the work specifications as laid out in the letter of award. The Performance bond amount to be issued is normally 5% of the contract value.

3. Supply Bond                                                                  This is a guarantee required by the Principal from the contractor to guarantee the Principal against failure of the contractor to fulfill the obligations to supply goods or services under the  contract.

Limit of Exposure: 

• RM100,000.00 for non-government body
• 10% of the aggregate value of 50 times the Shareholders Fund for government body

Important Note:

i. The Company underwrites the above bonds in terms of Insurance Guarantee only.

ii. According to PIAM Guideline, Insurers are not allowed to underwrite financial guarantees and bond/indemnity as listed below:

a. Foreign workers agencies involved in recruiting foreign workers. This would include foreign maid agencies.

b. Tourist agencies for management of foreign tourists in Malaysia

c. Lost share certificates.
The bond/indemnity that cannot be underwritten includes but not limited to the list as specified above.

Part III. Documentation/Information Required for Assessment

1. Bond Application Form/Proposal Form (UW-NM-F059)

i. Duly completed and signed. At least 2 directors to sign for Sdn Bhd/Bhd.
ii. Must have contractor’s company chop, signature and date
iii. Must have agent’s chop, signature and date (optional for direct walk-in client)

a. Duration of contract declared in Proposal Form must comply with the date stated in Letter 
of Award

b. Period of insurance for WC and CAR/PL that issued for the same project must be the 
same with period of insurance for Bond but duration of Bond could exceed by Defect 
Liability period of cover

c. No amendment is allowed on the Proposal Form. Any amendment done on Proposal Form
 must be counter-signed by the contractor and with company chop

2. Undertaking Letter/Back-dated letter (UW-NM-F070 Appendix 1)

i. Contractor to complete the letter to cover back-dating from the start of the contract period 
 to the day of chop “Received” by the branch

ii. Contractor must sign and attach company’s chop on the letter

iii. Get the confirmation from the contractor on the status or percentage completion of the

3. Letter of Award/Letter of Acceptance (LA)

i. LA must be in Principal’s Letter Head and dated

ii. Ensure project title and contractor’s name correct

iii. Get confirmation of the contract period if it is not stated in the LA. Inform Contractor to
 provide evidence

iv. Check to ensure if the Principal require any maintenance/validity period

v. All government projects must have validity period. Inform contractor to obtain a waiver
 letter from the government if the validity period is not stated in the LA. Validity period is
 either 6 months or 12 months only

4. Latest Business Registration Form (Borang A or B & D)
Ensure to check the documents are still valid

5. Latest 3 months Bank Statement
Ensure to check that the transactions in the bank statement are active. This is to enable the 
underwriter to assess the liquidity and the credit/financial standing of the company.

6. Contractor’s Past Projects
Contractor must provide the company’s past and current/outstanding project.

Underwriter must check to ensure any other bond currently insured with KIMB. Inform the 
contractor to provide the status or percentage completion for any outstanding project.


The information on the contractor’s past project will enable the underwriter to assess wheth
er the contractor has the relevant type of expertise and is the contractor able to complete the 
project on time and in accordance with the LA specification.

7. Letter of Indemnity (LwI) (UW-NM-F071)

i. All signature and NRIC numbers in the LI must be the same as in Proposal Form/company
 resolution/financial statement.

ii. All LI must be witnessed by a “Commissioner for Oaths”

iii. Ensure no “Received Chop” on the LI

iv. Individual LI

a. Must be completed with name, NRIC and address at the column stated

b. Each Director / Third party guarantor must provide individual LI
v. Company LI (for Partnership)

a. Must be signed by all partners of the company and be attached with company’s chop

b. Must be completed with company’s name, Business registration no. and company’s 

vi. Company LI (for Sdn Bhd and Bhd)

a. Must be signed by at least 2 directors as mentioned in Form 49 and be attached with company’s chop

b. Must be completed with company’s name, Business registration no. and company’s address.

8. Financial Statement of Director/Guarantor/Third Party Guarantor

i. Duly completed and signed
ii. Name, NRIC/Business registration no. must be the same as in LI
iii. Asset declared by guarantor in the financial statement must be proven with evidence.

a. Property

Must attach full set of Sales and Purchase agreement. Get information on loan out-
standing and nett value. Property under join names will only be accepted if both parties 

are the bond guarantor.

b. Vehicle

Ensure adequate nett value amount of the vehicle is sufficient to cover the guarantee 

amount after taking into consideration the vehicle’s depreciation value at the end of the 

period of cover. Ensure to check the vehicle log book is still valid.

c. Land

Land that is categorised as “Tanah Melayu” and “Rezab Melayu” are not acceptable as the land belong to a community or personal and cannot be called upon by an individual alone.

iv. All declared asset must be registered under personal name. Company’s assets are not acceptable.

v. Ensure to attach photocopy of NRIC, vehicle’s log book and all documents which are related to the declared asset.

Total asset’s nett value (after depreciation) must be sufficient to cover:

a) Amount of guarantee of the bond

b) Outstanding figure in Trade Record and summon in CTOS finding.

c) Amount of guarantee of all effective bonds currently under KIMB.

Important: Items 9 to 14 below are for Sdn Bhd and Bhd only.

9. Company Profile

Information regarding the contractor’s organisation chart, experience and professional qualifications of the directors and project manager – This will help the underwriter to weed out the inexperienced and unprofessional contractors.

10. Latest 2 Years Audited Account

Must be Certified True Copy by the company’s secretary.

11. Form 24
Must be Certified True Copy by the company’s secretary. Total shares in the Form 24 must tally with the amount stated in the Audited Account.

12. Form 49
Must be Certified True Copy by the company’s secretary. This form will show the directors that are currently in force.

13. Memorandum and Association (M&A)
Must be Certified True Copy by the company’s secretary. Inform contractor to provide full set and latest copy of the document

14. Company Resolution
Must be printed on Company’s Letter Head. Ensure the information is correct i.e. company’s name, principal’s name, project title, contract value. Must be signed by all directors with 
names and IC no.

15. Cash Collateral
Contractor must provide cash collateral security at the minimum extent as in Rating.

16. Premium
Any bond with period of cover (Contract period + Maintenance period) less than a year is still charged at minimum one (1) year premium.

i. Maintenance period: The minimum rates as in Rating are similarly applicable for Maintenance or the defects liability period including the validity period as specified in the guarantee wordings.

ii. Premium charged must be on full period of validity periods of bonds. All bonds must have expiry dates.

Part IV. Rating

i. Bid and Tender Bond (Minimum Rate): A flat fee of 2% on the bond amount per contract.

ii. Performance, Supply, Customs and Excise Bonds (Minimum Rate): 2% per annum on Bond amount per contract

iii. Advance Payment Guarantee (Minimum Rate): 2.5% of sum insured of the bond for a period of less than 12 months

iv. Pro-rated additional premium is to be charged for period exceeding 12 months

v. Service Charge: 0.25% per annum on Bond amount per contract subject to a minimum of RM50.00

vi. Cash Collateral Security: In addition to the counter-indemnities, the contractor are also required to provide cash collateral security at the minimum extent as follows:

a. Cash Collateral for Contract Bonds (i.e. Performance Bonds, Bid and Tender Bonds)

1. Bonds RM2 million and below

• At least 20% of the sum insured of the Bond.

2. Bonds exceeding RM2 million

• At least 20% on the first RM2 million of the sum insured and

• At least 50% on the amount in excess of RM2 million.

b. Cash Collateral for Other Bonds (i.e. Supply Bonds)

1. Bonds RM500,000.00 and below

• At least 20% of the sum insured of the Bond.

2. Bonds exceeding RM500,000.00

• At least 20% on the first RM500,000.00 of the sum insured

Part V. Principal Exclusion 

Under the PIAM guideline, underwriters must not accept any proposal for a Bond in the case of the following contractors:-

i. Contractors who have been declared bankrupt or who have made a composition or arrangement with their creditors

ii. Contractors whose owners, partners, directors or top executives are or were connected with another contractor who went bankrupt or gave rise to a claim under a Bond or who have an unresolved dispute with regards to a claim under a bond

iii. Contractors who have already produced a claim under any other bond of which the bond claim has been paid and not recovered

iv. Contractors whose accounts show losses carried forward exceeding 5% of the preceding 3 years turnover with a reduction on asset value.(Applicable only to Bond amountingRM50,000.00 and above)

v. Contractors who are lagging behind in respect of works on hand by more than 40% and a  warning letter have been issued by the Principal. Underwriter could verify from the progress payments of contract works

vi. Where the aggregate value of contracts under execution plus the proposed contract exceeds 50 times the paid up capital and free reserves of the contractor less any “good  will”. The sub-contractor assets where it is 100% sub-contracted shall be combined. 

 Where the project is 100% sub-contracted, the subcontractor concerned shall be evaluated as the Principal Insured and his assets shall be combined in the evaluation

Part VI. Minimum Premium

i. New Bond : Minimum per bond: RM200.00 (before stamp duty)

ii. Bond Extension : Minimum per extension : RM25.00 (before stamp duty)

Plus: Service Charge of 0.25% per annum on value of bond (Subject to RM50.00 minimum)

G. Stamp Duty and Penalty Charges
The prevailing stamp duty charges are as follows:
Insurance Guarantee/Letter of Indemnity – RM10 each

Penalty charges incurred in stamping of documents after 30 days grace period must be borne by the applicant unless the delay was caused by KIMB. The penalties provided under 
the Stamp Duty Act are as follows:-
i. 3 months – RM25.00
ii. 6 months – RM50.00
iii. Exceeding 6 months – RM100.00


The Erection All Risks insurance is designed to cover engineering projects involving erection, installation, testing and commissioning of electrical or mechanical equipment. The Erection All Risks insurance provides coverage against :
Material damage to work under erection.
Damage and loss to contractor's plant, machinery and equipment.
Damage to Principal's existing property.
Damage to Third party property and/or bodily injury arising in connection with the erection work.
This policy provides coverage for the duration of erection work including testing/commissioning (except used machines).

Insured parties include:
Main Contractor
Manufacturer/supplier of machinery or plant if they carry out the erection work

The nature of projects Insurable under an Erection All Risk policy are mainly mechanical works where testing / commissioning (other than used machines) are also covered.

1. What is this product about?
This policy provides All Risks coverage unless specifically excluded under the policy for contractors to meet their insurance obligations under the contract conditions for projects associated with the erection of machinery such as erection of power plants, turbines, transformers, etc.

This policy covers the erection work to be executed in accordance with the contract, any temporary works,
construction materials, construction plant and equipment used at work site and any third party liability arising out
of the performance of the contract.

2. What are the covers / benefits provided?
This policy has two sections, namely :

Section I – Material Damage
It covers any unforeseen and sudden physical loss or damage from any cause, other than those specifically excluded under the policy:
a) to the contract work under erection
b) to the contractor’s plant, machinery and equipment used for the contract at work site
c) to Principal’s existing property

Section II – Third Party Liability
It covers the contractor for all sums which he shall become legally liable to pay as damages consequent upon:
a) accidental bodily injury to or illness of third parties (whether fatal or not)
b) accidental loss of or damage to property belonging to third parties occurring in direct connection with the erection of the items insured under Section I and happening on or in the immediate vicinity of the work site during the period of cover.
Duration of cover corresponds with the contract period including testing/commissioning period as stipulated in the Letter of Award. You need to purchase a new insurance policy to cover each project undertaken.

3. How much premium do I have to pay?
The total premium that you have to pay may vary
depending on the Contract Value, the scope of work of the project to be executed, the risk exposure, the extensions to basic cover required and the underwriting requirements of the company:
Estimated Contract Value: RM__________
Rate Applicable: __________%
Sum Insured for Extensions of cover: RM__________
Loadings Applicable to the Extensions : __________%
The estimated total premium that you
have to pay is: RM___________

4. What are fees and charges that I have to pay?
The fees and charges that you will have to pay are:
Type                Amount
Service tax      5% of the premium (if applicable)
Stamp duty      RM10.00
Commission paid to 15% of the premium
the insurance agent (if any)

5. What are some of the key terms and conditions that I should be aware of?
Some of the key terms and conditions that you should be aware of are:

Duty of disclosure - you must give all the facts in your application form fully and faithfully otherwise your policy may be void.

Duty of Assured – you shall take all reasonable precautions and comply with all reasonable recommendations of the company to prevent loss, damage or liability and comply with statutory requirements and manufacturer’s\ recommendations.

You must ensure that your sum insured stated in the Schedule are adequate:
a) Contract Works - full value of the erection works at the  completion of the contract inclusive of freight, customs duties, dues and erection costs.
b) Construction Plant and Equipment - the replacement  value of construction plant and equipment, which shall mean the cost of replacement of the insured items by new items of the same kind and capacity.

Any extension of the contract period may be 
considered subject to advance notification to the
company in writing and submission of relevant

Under-insurance - if the sum insured stated in the 
Schedule is less than the amount required to be
  insured at the time of loss, you are deemed to be self-insuring for the difference. The average condition shall apply in event of a claim.

Excess - is the amount of loss that you have to bear in event of a claim.
6. What are the major exclusions under this policy?
This policy does not cover certain losses, such as:
a) loss or damage due to faulty design, defective material or casting, bad workmanship other than faults in erection.
b) wear & tear, corrosion, oxidation, encrustation
c) consequential loss of any kind or whatsoever including penalties, losses due to delay, lack of performance, loss of contract.
d) loss, damage or liability caused by or arising out of :
war, riot, strike, civil commotion nuclear reaction, nuclear radiation or radioactive contamination willful act or willful negligence of the Assured or of his representatives cessation of work whether total or partial
  (Note : This list is non-exhaustive. Please refer to the policy contract for the full list of exclusions under this policy.)

7. Can I cancel my policy and how do I cancel it?
There is no cancellation provision under this policy.

8. What do I need to do if there are changes to my
contact details?
It is important that you inform us of any changes to
your contact details. This is to ensure that all the
correspondence will reach you in a timely manner.

9. Where can I get further information?
  Should you require additional information about our Erection All Risks insurance or any other types of  insurance products, you may contact us directly or any of our branches or your insurance agent at your convenience.

Alternatively, you may visit our principal's website at www.kurnia.com


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